Americans with Disabilities Act

[palmtree]

Has anyone been in a situation when they have felt there was a violation of the ADA? It seems frustrating to try to hold them accountable even though most people and entities respect the law. As far as I can see, all we can do is sue them. I’m not too eager to do something like that and lawyers only adjudicate employment concerns, anyway.

But this law has protected us in so many ways and when I see a business blatantly ignoring it I want to do something to protect others. I did a little research and learned that the business that made me want to write this has been inaccessible to other disabled people.

I filled a complaint with the Department of Justice but I think they are too busy to look at every complaint.

Just wondering if anyone else has run into a barrier of some sort.

[kmallory1]

There is a sort of cottage industry that has grown by lawyers filing ADA accessibility lawsuits. A law firm will use the same plaintiff to file dozens of lawsuits against small businesses. Their aim is to have attorney fees paid as part of a settlement. I think only California state law allows monetary damages for the plaintiff.

My research was on Florida lawsuits. An afternoon of googling produced a couple of law firms with many of these suits.

I was trying to get a condominium to provide handicapped parking spaces. They had just painted the lines blue and stuck up a couple of signs. My wheelchair van needed access aisles. The COA president stated publicly that they would never spend a penny on disability access. I informed them that I had filed a complaint with the DOJ, which got the attention of the rest of the board. The last thing they wanted was an audit of their noncompliance.

The lawyers that do this may be in it for their own interests but they get results.

[Mamabug]

I have two stories.
1. In 2008, after I applied for FMLA for the fourth year in a row, instead of a response, my contract as a paraprofessional was not renewed "in the best interests of the children".

I don't know if it was a violation. I had never requested "reasonable accommodations" for my disability. I had been open with my employer about my MS.

2. Years later, at the beginning of the pandemic, my husband experienced stress and anxiety related to job changes. He had a dx, both from his PCP and his psychiatrist. He took sick time and 12 weeks of FMLA time off.

I helped him to apply for reasonable accommodations. We spent time researching it online and putting the request in writing.

MY husband was able to return to his previous duties while his HR dept searched for an accommodation, as the new duties were now required as a condition of the job. It took almost two years, but they found an accommodation that both works well for him plus meets the requirements of the job.

[palmtree]

I have had good luck with reasonable accommodations, too. But it seems they don’t apply to everything.

I have not found there is a cottage industry of lawyers making money off of ADA lawsuits. I remember the article in the New York Times about the man who was getting rich off of suing restaurants for not having wheelchair access. It appears that the article caused such an outrage that the laws changed.

I don’t believe any state allows damages beyond the actual monetary loss anymore. I know that California doesn’t. I called practically every law office in the state looking for a lawyer a few years ago and they all said they only do employment law. They will do that because there is an actual loss of wages, which they can take a cut of.

Anyway, I spoke with a woman from the state Disability Rights Association and she said she is going to do some research and get back to me. If she comes up with anything I will let you know.

[pennstater]

I am not sure how it would turn out, but you can file a complaint with the US government. It would take time to resolve, if anything is done. But it may be worth a shot.

https://beta.ada.gov/file-a-complain...20and%20topics.

[Mamabug]

Please keep us up to date, Palmtree, when or if you learn anything new.